Court of Appeal dismisses $2.55m claim over RSA murders

The Court of Appeal has struck out claims by two victims of the South Auckland Returned Services Association (RSA) killings against the Department of Corrections.

Susan Couch, sole survivor of William Bell's rampage at the Mt Wellington-Panmure RSA Club in South Auckland in December 2001, and Tai Hobson, whose wife was slain, sued the department for $2.55 million for allowing Bell to work as a barhand.

Under the Sale of Liquor Act, no one with a conviction can sell alcohol. Bell, with more than 100 previous convictions, worked for a time at Mt Wellington-Panmure RSA before being sacked.

He is serving a minimum of 33 years for the murders of RSA president Bill Absolum, cleaner Mary Hobson and club member Wayne Johnson.

Ms Couch was so badly beaten she was left in critical condition on life support and underwent years of rehabilitation.

At the time of the killings, Bell's probation officer was preparing a reference for him for the local liquor authority.

The High Court last year declined Ms Couch's $2m claim and Mr Hobson's $550,000 claim, and the Court of Appeal in Wellington today upheld that finding.

"The appeal is dismissed and an order is made striking out the entire statement of claim," Justice Grant Hammond said of Mr Hobson's claim.

He said Ms Couch had "no reasonable cause of action" and dismissed her appeal as well.

He reserved costs on both claims.

Bell was on parole at the time of the killings and had more than 100 previous convictions, including aggravated robbery.

- NZPA